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United States, the State of California, the City of Santa Ana and all other governmental agencies. <br />Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such <br />permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this <br />Agreement. <br />17. RESPONSIBILITY FOR DAMAGES <br />The Contractor shall be responsible for all damages to persons and/or property that occur as a <br />result of the fault or negligence of said Contractor or its employees in connection with the performance of <br />this work. <br />18. PERFORMANCE PROVISIONS <br />If the Contractor should neglect to prosecute the work properly or fail to perform any provisions of <br />this contract, the City shall provide written notice to the Contractor of such inadequacy. Three (3) days <br />after delivery of such Notice to Contractor, if Contractor has failed to correct the inadequacy, the City may, <br />without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost <br />thereof from the payment then or thereafter due the Contractor, provided, however, that the Executive <br />Director of the Public Works Agency of the City shall approve such action and certify the amount thereof to <br />be charged to the Contractor. <br />19. RESOLUTION OF CONSTRUCTION CLAIMS <br />Contractors claims of $375,000 or less shall be resolved in accordance with the provisions of <br />Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3 of the Public Contract Code. <br />20. MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority <br />and right to bind their respective parties to each of the terms of this Agreement, and shall <br />indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages <br />to City in the event that such authority or power is not, in fact, held by the signatory or is <br />withdrawn. <br />b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the <br />body of this Agreement. <br />